§ 23-18-510 - Certificate of environmental compatibility and public need -- Requirement -- Exceptions.
               	 		
23-18-510.    Certificate of environmental compatibility and public need -- Requirement -- Exceptions.
    (a)  No  person shall commence to construct a major utility facility in the  state, except those exempted as provided in subsection (c) of this  section and      23-18-504(a) and 23-18-508, without first having obtained  a certificate of environmental compatibility and public need, hereafter  called a "certificate", issued with respect to the facility by the  Arkansas Public Service Commission. The replacement or expansion of an  existing transmission facility with a similar facility in substantially  the same location or the rebuilding, upgrading, modernizing, or  reconstruction for the purposes of increasing capacity shall not  constitute construction of a major utility facility if no increase in  width of right-of-way is required.
(b)  No  entity, including but not limited to, a person, public utility,  utility, regional transmission organization, municipality, merchant  transmission provider, merchant generator, or other entity, whether  regulated or not by the commission, shall commence to construct a major  electric transmission facility, as defined in    23-18-503, within a  national interest electric transmission corridor without first having  obtained a certificate of environmental compatibility and public need  issued with respect to such a facility by the commission.
(c)  Nothing in this subchapter shall be construed to require a certificate under this subchapter or an amendment thereof for:
      (1)  Reconstruction,  alteration, or relocation of any major utility facility which must be  reconstructed, altered, or relocated because of the requirements of any  federal, state, or county governmental body or agency for purposes of  highway transportation, public safety, or air and water quality; or
      (2)  Any  major electric transmission facility to be constructed or operated by a  municipal electric system that is located within the territorial limits  of such municipal electric utility system.
(d)  Any  entity granted a certificate pursuant to subsection (b) of this section  shall have the right of eminent domain as provided by Arkansas law for  the limited purpose of constructing the certificated major electric  transmission facility to the extent that the facility is located within a  national interest electric transmission corridor.